(6) The following vegetation shall not be installed as landscape material because they are invasive or prone to pests and disease
I. Guaranty/performance bond
(1) Any tree or shrub which dies within 18 months of planting shall be replaced in kind. Any tree or shrub which within 18 months of planting or replanting is deemed by the township not to be healthy and vigorous shall be replaced in kind Replacements may be of a substitute species only when approved by the township
(2) The developer or landowner shall submit a plan of estimated landscaping planting dates When landscaping planting is done in phases, the township shall be notified of the date on which each planting has actually been completed Satisfactory survival of each phase as verified by the Township Engineer in accordance with Subsection I(1) above will be based on the date of actual planting
(3) The money deposited for each phase of landscaping will not be released until the time has expired for determining, in accordance with Subsection I(1) and (2) above, if the planting for that phase is viable
The minimum requirements for improvements shall be those contained in the Pennsylvania Department of Transportation Specifications (Form 408), as last revised
A. Those areas defined as floodplain by the Floodplain Conservation District of Chapter 150, Zoning, and/or the County Conservation District and/or shown on the Montgomery County Soil Survey, issued 1967, as alluvial soils, plus a twenty-five-foot minimum margin width along each side of such classification shall be subject to the requirements and restrictions contained therein
B. In addition, the following regulations shall apply
(1) The Township Supervisors may, when it is deemed necessary for the health, comfort, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit subdivision of any portion of the property which lies - within the floodplain of any stream or drainagecourse
(2) All floodplain areas shall be preserved from any and all destruction or damage by clearing, grading or dumping of earth, waste material, stumps or other material of any kind
(3) Any development which creates a significant change in the characteristics of the watershed, thus increasing volume and velocity of surface water runoff, due to the decrease in retention and - infiltration of stormwater; shall- not be permitted until guaranties are made of improvements that will reduce the likelihood of erosion, sedimentation, inundation and water drainage from peak periods of precipitation and provide for controlled disposal of excess surface water Such improvements must satisfy the requirements and regulations of the Pennsylvania Department of Environmental Protection, Bureaus of Water Quality Management and Dams and Encroachments
C. The Board of Supervisors in its consideration of any preliminary plan of subdivision and land development shall condition its approval upon the execution of measures designed to prevent accelerated soil erosion and resulting sedimentation, as required by the Pennsylvania Department of Environmental Protection All applicable regulations and permit requirements of sad Department as stipulated in its Soil Erosion and Sedimentation Control Manual shall be followed by all parties engaged in earthmoving activities The manual is available at the office of the Montgomery County Conservation District, Norristown, Pennsylvania
D. Any natural watercourses not governed by Subsections A, B and C above shall be governed by the following
(1) All continuously flowing watercourses (as indicated on United States Geological Survey (seven-and-one-half-foot quadrangles) shall be maintained in their natural state, except that removal of debris and correction of severe erosion shall be required
(2) Intermittent watercourses
(a) Intermittent watercourses shall be maintained essentially at their existing alignments and gradients except that they may be improved by minor regrading and shall either be planted in grass or provided with erosion preventive improvements such as riprap Paving of such watercourses shall not be allowed, nor shall piping, except under roads, driveways and walkways
(b) Intermittent watercourses often are significant elements at the headwaters of larger streams and are usually small in size Therefore, developers should be encouraged to design and build around and with respect for these drainageways, and the Supervisors may allow rerouting of these drainageways only when serious considerations so warrant or when the site drainage will be improved by such proposed alignment changes
A. The subdivider shall provide public water service to provide adequate supply to each lot in a subdivision
B. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Supervisors or the Planning Commission, as the case may be, that the subdivision or development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility A copy of a certificate of public convenience from the Pennsylvania Public Utility
Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate shall be acceptable evidence
C. Where no public water service is available and it would be an undue hardship for the subdivider to have the public water service extended, the subdivider may on approval of the Township Supervisors be permitted to construct a well on each lot All wells shall be constructed according to present rules and regulations, or any future amendments thereto, of the State Department of Environmental Protection and the Township of Worcester
D. The proposed location of the wells shall be shown on the preliminary plan for each lot Where there are existing wells on the property or adjoining lots, they must also be shown
E. A circular area with a radius conforming to the rules and regulations, or future amendments thereto, of the State Department of Environmental Protection and the Township of Worcester shall be shown around each well to denote clear space in which no sewage system is to be located
F. Where public water service is furnished the circles are not necessary, with the exception of those wells lying immediately adjacent to the subdivision However, the usable area is limited by a clear zone surrounding the water service line to each house as required by the State Department of Environmental Protection and the Township of Worcester
G. Hydrants Fire hydrants shall be located at accessible points throughout the subdivision when public water supply is available and shall be located within six hundred (600) feet of all existing and proposed structures.
A. No Regulated Earth Disturbance Activities within the Municipality shall commence until approval by the Municipality of an Erosion and Sediment Control Plan for construction activities. The Pennsylvania Department of Environmental Protection (DEP) has regulations that require an Erosion and Sediment Control Plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b).
B. In addition, under 25 Pa. Code Chapter 92, a DEP "NPDES Construction Activities" permit is required from DEP for any Regulated Earth Disturbance Activity.
C. Evidence of any necessary permit(s) for Regulated Earth Disturbance Activities from the appropriate DEP regional office or County Conservation District must be provided to the Municipality. The issuance of an NPDES Construction Permit (or permit coverage under the statewide General Permit (PAG 2)) satisfies the requirements of Subsection A. A copy of the Erosion and Sediment Control Plan and any required permit, as required by DEP regulations, shall be available at the project site at all times.
**Webmasters Note: The previous subsections, A. through C., have been amended as per Ordinance No. 2004-197.
D. Performance principles The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan
(1) Stripping of vegetation, regrading or other development shall be done in such a way that will minimize erosion
(2) Development plans shall preserve salient natural features, keep cut-fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff
(3) Whenever feasible, natural vegetation shall be retained, protected and supplemented
(4) The disturbed area and the duration of exposure shall be kept to a practical minimum
(5) Disturbed soils shall be stabilized as quickly as practicable
(6) Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development
(7) The permanent (final) vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development
(8) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development Where necessary the rate of surface water runoff will be structurally retarded
(9) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures
E. Grading for drainage In order to provide more suitable sites for building and other uses, improve surface drainage and control erosion, the following requirements shall be met
(1) All lots, tracts or parcels shall be graded to provide proper drainage away from buildings and dispose of it without ponding, and all land within a development shall be graded to dram and dispose of surface water without ponding, except where approved by the Township Supervisors
(2) All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain or natural watercourse or properly designed swale Where drainage swales are used to divert surface waters away from buildings, they shall be sodded or planted as required and shall be of such slope, shape and size as to conform to the requirements of the township
(3) Concentration of surface water runoff shall only be permitted in properly designed and maintained swales, watercourses or retention basins
(4) No increased surface runoff will be permitted to leave the property being subdivided or developed by way of natural watercourses or storm drainage pipes without first being suitably retained in such a way as to maintain runoff volume existing on the site previous to subdivision or development
(5) Excavations and fills
(a) Cut and fill slopes shall not be steeper than two to one (21) unless stabilized by a retaining wall or cribbing, except as approved by the Township Supervisors when handled under special conditions
(b) Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations of the sloping surfaces of fills
(c) Cut and fills shall not endanger adjoining property
(d) Fill shall be placed and -compacted so as to minimize sliding or erosion of the soil
(e) Fills shall not encroach on natural watercourses or constructed channels
(f) Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding
(g) Grading will not be done in such a way so as to divert water onto the property of another landowner without the expressed consent of the Township Supervisors.
(h) During grading operations, necessary measures for dust control will be exercised
(i) Grading equipment will not be allowed to cross live streams Provision will be made for the installation of culverts or bridges
F. Responsibility
(1) Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible
(2) Maintenance of all drainage facilities and watercourses within any subdivision or land development is the responsibility of the developer until they are accepted by the township or some other official agency, after which they become the responsibility of the accepting agency
(3) It is the responsibility of any person, corporation, or other entity doing any act on or across a communal stream, watercourse or swale or upon the floodplain or right-of-way thereof to maintain, as nearly as possible, in its present state the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed
(4) Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property
(5) No person, corporation or other entity shall block, impede the flow of, alter, construct any structure or deposit any material or thing on or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the township or the Pennsylvania Department of Environmental Protection, whichever is applicable
(6) Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially to the line of such watercourse and of such width as will be adequate to preserve natural drainage
(7) Each person, corporation or other entity which makes any surface changes shall be required to
(a) Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area
(b) Handle existing and potential off site runoff through his development by designing to adequately handle storm runoff from a fully developed area upstream
(c) Pay his proportionate share of the total cost of off site improvements to the common natural -watercourse, based on a - fully developed drainage area
(d) Provide and install at his expense, in accordance with township requirements, all drainage and erosion control improvements (temporary and permanent) as required by the Erosion and Sediment Control Handbook
(8) It is the responsibility of the township to keep all major streams not under the jurisdiction of any other official agency open and free-flowing
(9) The township will assume the responsibility for maintaining an open and free-flowing condition in all minor streams, watercourses and drainage systems constructed or improved in accordance with township design criteria, which are necessary for proper drainage in the discretion of the township if an adequate right-of-way exists or can be acquired
(10) The township shall be required to
(a) Assess and collect the cost of off-site improvements to the common natural watercourse except those required to existing state roads Collection may be delayed until the assessed land is approved for development
(b) Acquire easements for such common natural watercourse improvements
(c) Supervise such improvement to completion
G. Compliance with regulations and procedures
(1) The Township Supervisors, in their consideration of all preliminary plans of subdivision and land development, shall condition their approval upon the execution of erosion and sediment control measures as contained in Subsections D, E and F of this section
(2) The installation and design of the required erosion and sediment control measures shall be in accordance with the standard and specifications on file with the township and found in the Erosion and Sediment Control Handbook, including(a) Temporary Cover on Critical Areas, pages 9-10
(b) Permanent Grass and Legume Cover on Critical Areas of Prepared Seedbed, pages 19-22
(c) Permanent Grass and Legume Cover on Critical Areas on Unprepared Seedbed, pages 19-22
(d) Sodding, pages 23-25L
(e) Mulching, pages 26-36
(f) Temporary Diversion, pages 37-41
(g) Permanent Diversion, pages 42-46
(h) Grassed Waterway or Outlet, pages 47-51
(j) Debris Basin, pages 56-70
(k) Dram, pages 71-83
(l) Drainage - Main or Lateral, pages 84-87
(3) Stream channel construction on watersheds with drainage areas in excess of three hundred twenty (320) acres, or in those cases where downstream hazards exist, will conform to criteria established by the Power and Water Resource Board, Pennsylvania Department of Environmental Protection
(4) Final plans for minimizing erosion and sedimentation as approved will be incorporated into the agreement and bond requirements as required under § 130-7
(5) The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the final plats of subdivision or land development and become a part thereof
(6) At the time that a building permit is applied for, a review shall be conducted by the Township Engineer to ensure conformance with the plan as approved During the construction further consultative technical assistance will be furnished, if necessary, by the Township Engineer and the Montgomery County Conservation District During this development phase the Township Engineer shall inspect the development site and enforce compliance with the approved plans
(7) Permission for clearing and grading prior to recording of plats may be obtained under temporary easements or other conditions satisfactory to the township
(8) In the event that the developer proceeds to clear and grade prior to recording plats, without satisfying conditions specified under Subsection G(7) above, the Supervisors may revoke the approval of the preliminary plan
[Added 8-19-1998 by Ord. No. 166]
A. Areas with slopes of 10% to less than 18% shall meet the following requirements
(1) All development shall be laid out in such a manner as to avoid or minimize development on or regrading of areas with slopes of 10% to less than 18%
(2) It shall be incumbent on the applicant to show that areas with slopes of 10% to less than 18% have been avoided to the greatest extent possible If requested by the township, the applicant shall produce evidence such as written documents or plans certified by a registered engineer or other qualified professional showing that no alternative layouts are possible that would reduce the amount of steep slopes that need to be regraded
(3) When regrading is necessary on areas with slopes of 10% to less than 18%, the slopes shall be protected in accordance with slope protection standards outlined below in § 130-32 1C
B. Areas with slopes of 18% or greater shall meet the following requirements
(1) All structures, buildings, parking areas, regraded slopes and substantial improvements (with the exception of driveway and utility crossings when no other location is feasible) are prohibited on slopes of 18% or greater
(2) When regrading is necessary for driveway and utility crossings, the slopes shall be protected in accordance with slope protection standards outlined below in § 130-321C
C. Slope protection standards
(1) Regrading in steep slope areas shall be minimized to the greatest extent possible
(2) Existing landscaping on steep slope areas shall be preserved, except where regrading is proposed
(3) Regrading or earthmoving on steep slopes shall not result in earth cuts or fills whose highest vertical dimension exceeds 10 feet
(4) Fished slopes of all cuts and fills shall not exceed 3 to 1 Slopes steeper than 3 to 1 and retaining walls are not permitted unless the applicant can demonstrate that steeper slopes or retaining walls can be stabilized and maintained adequately and that they more effectively preserve the landscape in its scenic and/or natural state
(5) Regraded areas within steep slopes shall be protected using generally accepted biotechnical slope protection techniques
